The Lemon Fool

Lootman wrote:

niord wrote:I have had to appoint my solicitor as executor as my beneficiarys are either the other side of the planet . . .

Maybe not "the other side of the planet " but I have given thought to naming a foreign national as my executor. The big risk of being an executor is being held personally liable for any mistakes or omissions made. But in practice it would be much harder for a foreign national to be held liable in this way, so acting would actually be less risky. Also less likely to be successfully deemed to have intermeddled, should they perform some tasks and then withdraw.

And probate is essentially conducted by post, so location is less important.

Of course they may just choose to use a UK solicitor anyway.

If nor recognised in the UK could they not have money laundering issues with UK banks & other institutions proving who they are/jumping through ML hoops etc?

Lootman wrote:And probate is essentially conducted by post, so location is less important.

Perhaps this depends on the size or complexity of the estate.
Post-mail is needed to send the death certificate and Will, but everything else seems to work quite satisfactorily online.
HMRC insist that the deceased's SATR is posted rather than they unlock the deceased's online SATR account that is frozen as soon as their are notified of the death by the family or executor or by Tell It Once. The latter (free) service is offered by the Registrar or you can DiY with the magic code they give you; in my experience (and to my surprise) it works. I did make some enquiries within HMRC about account freezing, even if the prospective user has an LPA for the deceased, and was told that this is a recent change put in place because of fraudulent activity.

Lootman wrote:Maybe not "the other side of the planet " but I have given thought to naming a foreign national as my executor.

As I said earlier one difficulty of appointing a lay executor who isn't a significant beneficiary is actually getting them to accept the appointment, as it's potentially a lot of hassle for no reward. I would imagine that this would be even more the case with a foreign executor, who would have to jump through even more administrative hoops.

They would almost certainly either renounce probate or just hand everything over to an English solicitor, thereby making the exercise rather pointless.

Lootman wrote:Maybe not "the other side of the planet " but I have given thought to naming a foreign national as my executor.

Having recently done the job myself, I think they might find the "proof of ID" requirements quite a pain. It's relatively simple if you can take your (UK) documents in person to a local branch or solicitor. But I suspect the ID requirements of various banks, govt and legal offices would be much harder to satisfy for a foreigner.

Yes, I know and agree such requirements are ridiculously officious and OTT. But it's where we are.

Gryff

Clitheroekid wrote:

Lootman wrote:Maybe not "the other side of the planet " but I have given thought to naming a foreign national as my executor.

As I said earlier one difficulty of appointing a lay executor who isn't a significant beneficiary is actually getting them to accept the appointment, as it's potentially a lot of hassle for no reward. I would imagine that this would be even more the case with a foreign executor, who would have to jump through even more administrative hoops.

They would almost certainly either renounce probate or just hand everything over to an English solicitor, thereby making the exercise rather pointless.

Yes, I would always ensure that a named executor had a personal incentive, in the form of a bequest. And I would not accept executorship unless I was a beneficiary or closely related to one.

My brother-in-law is a lawyer overseas and in fact he specialises in family and trust law, so I doubt that he would be intimidated by the task.

Clitheroekid wrote:

Lootman wrote:Maybe not "the other side of the planet " but I have given thought to naming a foreign national as my executor.

As I said earlier one difficulty of appointing a lay executor who isn't a significant beneficiary is actually getting them to accept the appointment, as it's potentially a lot of hassle for no reward. I would imagine that this would be even more the case with a foreign executor, who would have to jump through even more administrative hoops.

Absolutely. I’m in that position with my late Brother in Law and despite my wife being a beneficiary I have just nominated my solicitor and resigned as executor. Life’s too short (and my wife’s bequest won’t be affected anyway so who cares what the costs are).

In my case I have appointed my solicitor as Executor alongside my son and daughter. In practical terms, since my son lives in N Ireland he does not want the job and my daughter does not want to either. I know my solicitor pretty well as the firm has been representing me for several years and I have discussed this with them. They know me well as I never pay a bill unless I have questioned it and they assure me that they will charge on a time basis. It is up to the other executors to keep tabs on things and I have given them advice on that.

I will not be here so it is in the end up to them. I do not think it is simply a matter of never appoint a solicitor as executor.

Dod

Dod101 wrote:In my case I have appointed my solicitor as Executor alongside my son and daughter. In practical terms, since my son lives in N Ireland he does not want the job and my daughter does not want to either. I know my solicitor pretty well as the firm has been representing me for several years and I have discussed this with them. They know me well as I never pay a bill unless I have questioned it and they assure me that they will charge on a time basis. It is up to the other executors to keep tabs on things and I have given them advice on that.

I will not be here so it is in the end up to them. I do not think it is simply a matter of never appoint a solicitor as executor.

Dod

But in practical terms, how would your son/daughter control the costs if your solicitor (or his firm) is acting as an executor? What is to stop the firm charging a percentage of the estate as fees (which is the norm) other than your 'gentlemen's' agreement? Is it possible that your solicitor will have retired before you die? I think that your son/daughter could control the probate legal fees much more effectively if they were sole executors and they then appointed your solicitor (or perhaps another one) to administer the estate on your death.

RockRabbit wrote:

Dod101 wrote:In my case I have appointed my solicitor as Executor alongside my son and daughter. In practical terms, since my son lives in N Ireland he does not want the job and my daughter does not want to either. I know my solicitor pretty well as the firm has been representing me for several years and I have discussed this with them. They know me well as I never pay a bill unless I have questioned it and they assure me that they will charge on a time basis. It is up to the other executors to keep tabs on things and I have given them advice on that.

I will not be here so it is in the end up to them. I do not think it is simply a matter of never appoint a solicitor as executor.

Dod

But in practical terms, how would your son/daughter control the costs if your solicitor (or his firm) is acting as an executor? What is to stop the firm charging a percentage of the estate as fees (which is the norm) other than your 'gentlemen's' agreement? Is it possible that your solicitor will have retired before you die? I think that your son/daughter could control the probate legal fees much more effectively if they were sole executors and they then appointed your solicitor (or perhaps another one) to administer the estate on your death.

I have been thinking about this for a while and you are I guess correct. If my son and daughter are adamant about wanting to leave it to the solicitor, at the very least they need to get an estimate of costs before work starts. Christmas is probably not the best time to talk about this but I will need to have the conversation before long. I completely understand the point. My affairs will not be that difficult but that is easy for me to say. Someone coming at it fresh might find things not so straightforward.

Dod

Dod101 wrote:I have been thinking about this for a while and you are I guess correct. If my son and daughter are adamant about wanting to leave it to the solicitor, at the very least they need to get an estimate of costs before work starts.

Or you could amend the will to say that if they don't want to be executors then you appoint a named solicitor? That then gives your children the choice about what to do when the time comes.

Gilgongo wrote:

Dod101 wrote:I have been thinking about this for a while and you are I guess correct. If my son and daughter are adamant about wanting to leave it to the solicitor, at the very least they need to get an estimate of costs before work starts.

Or you could amend the will to say that if they don't want to be executors then you appoint a named solicitor? That then gives your children the choice about what to do when the time comes.

A better option is to inform your executors (while you are alive) that instructing a solicitor to do the executor shizzle is an option, and would not be incompatible with your wishes.
Intentions of will - tick
Control of solicitors costs - tick

pochisoldi wrote:A better option is to inform your executors (while you are alive) that instructing a solicitor to do the executor shizzle is an option, and would not be incompatible with your wishes.

If you mean while keeping the solicitor named in the will, then the solicitor can (unless it's specified otherwise in the will) act severally to the others. So they can merrily start executing, take their fees, and run. That said, I think they need to at least inform the others that they are going ahead with probate without them ("Power Reserved") but it's not a blocker as far as I know.